civus
Hearing video

ZBA Hearing - October 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 5, 20213h 40m

vote is under plans of the property five days in advance of this hearing and have you

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contacted strike that have you met with the rco and do you have a letter yes to all the above

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okay great you may proceed

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is that visible mr chairman not yet well part the introducing the zoom apps

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there is a screen up but

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there you go your calendar's up that's good that's good if you can enlarge that and block

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out the other stuff behind it maybe

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yeah but on the right hand side of our screen we still have

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tools some of the tools that's better okay we can go with that all right uh so this is

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for 1502 and 1504, and Mr. Chairman, as you mentioned, these are companion cases. They're

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side-by-side, long vacant lots on the 1500 block of Erie Street. This is my table of contents

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containing Exhibits AA through A10, appearance statement, refusal. So both refusals are basically

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the same. We're asking for a multifamily in an RSA 5 zoning district because, as you'll

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see from a chart that I will show you later on in the presentation. Most of the homes, if not all

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the homes on this particular block are already multifamily. They're huge lots. And historically,

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they have been multifamily despite the RSA zoning designation. So the one refusal is for use.

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Proposed multifamily is not permitted in the zone. This is a refusal for 1502. This is a refusal for

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1504, basically the same issue. However, on both applications, we asked for four units,

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but in negotiations with the community group, this was lowered to three dwelling units.

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And that's what we're requesting for each property. And that's why there's a proviso form for

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a change for both properties and those proviso forms and revised plans are attached. This is a

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letter that we received from the designated RCO for what we requested was three units in the

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property and initially as it indicates in this letter we met with the community we made some

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changes to the community and Mr. Korn from the 13th Ward issued this letter and this letter

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is a letter of support as is indicated in the last paragraph there. Approve the revised presented

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zoning variance for the project. These are aerial photographs just to give the board a perspective

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on the property. This is Urie Avenue. These are again two long vacant lots. The lot sizes are

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are pretty large, basically 19 by 97,

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as are all the other lots on the block.

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Again, a view of the front of the vacant lots.

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Again, a view of the front of the vacant lots.

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Here's our proviso form indicating

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that the pilot houses were replaced

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and with open stairwells

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and we reduced the units from four to three.

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These are the revised plans.

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These are some more aerial shots

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to show you where the open lots are.

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But here's a key document for the community

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as well as for the board.

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just reducing this so i get everything in here the the project is in red right here again it

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says four dwelling units but we're requesting three and if you look at the key every blue

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space everything that's colored in blue is multifamily some are three some are two some

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are commercial with two commercial with one but basically on erie avenue here simply because of

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the size of the homes. It's really a large home for just a single family. And that's why almost

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everyone on the block, save one on this side of the block, has been converted to multifamily.

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And that's really the majority of the uses on this block. These are the floor plans. I can walk

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I'm taking a picture of a world picture.

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Basically, three units basement and first floor will be one unit.

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That's a one bedroom, one bath. Second floor.

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Again, this is two bedroom, one bath.

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And the third floor is two bedroom, one bath with access to rooftop deck.

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But again, the pilot house was removed.

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And this is an internal stairway that leads to the rooftop deck.

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these are the front elevations which the architect i think did a very good job in trying to blend

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new construction with the with the old uh it's a difficult task especially because of the arch

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windows and the pediment heads but if you can just see the windows do line up we have a little

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entry entryway here which mimics next door

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and this is the rear of the property the party board siding and a nice double door leading into

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the yard side view indicating that the utilities meters gas meters are on the side of the house

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both homes are not protruding or visible from the front of the street and you can see if you're

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looking at the side of the property there's no piled house roof everything this is the

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internal stairway leading from the third floor to get to the roof the rest of the documents are

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again the typical documents that you see and i was questioned by this scenario in the beginning

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whether i had these things attached and they are you have the deed the letters tax certification

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etc so in conclusion basically because these lots are extremely large we have a unique physical

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characteristic on these lots which really do not warrant not feasible for a single family home as

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evidenced by the remaining properties on the street on that side of the street all save one

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or multifamily there's no alteration in the essential character of the neighborhood because

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the neighborhood is multifamily there's no impairment of adjoining properties and it's

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not detrimental to the public welfare and frankly it's in harmony with the community

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and in harmony with the community wishes as evidenced by our letter of support

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So with that, I would rest and certainly entertain any questions from the board or anyone else.

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I'd like to have your client that adopt your testimony.

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Yes, Mr. Chairman.

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John Bouillieu is on the phone, on the call, rather, I believe.

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B-E-A-U-L-I-E-U.

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Mr. Bouillieu, you can unmute yourself and speak now.

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sir please spell your full name and i'll swear you in j-o-n-a-t-h-a-n-e-a-u-l-i-e-u

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we're firm to tell the truth the whole truth nothing but the truth

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i do please proceed mr clinton mr bill you were you on the call when i presented this project to

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the board yes and would you have you had the opportunity to testify adopt my testimony as

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your own and as true and correct yes thank you very much thank you questions from the board

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no mr chairman no no um anyone else would like to testify in this case please raise your hand

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good afternoon chair this is charles richardson from the office of councilwoman cindy bathroom

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312 city hall you're still under oath from earlier please proceed

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yes mr chair uh councilwoman has no opposition to granting these two variances

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Yes, Mr. Chair. Councilwoman has no opposition to granting these two variances.

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Thank you. Anyone else to testify?

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Chair, we have Mr. Brian Dressler.

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Never mind, Chair. Okay, his hand is back up.

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Mr. Dressler, you can unmute yourself and wait for the chair.

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Mr. Dressler, please spell your full name and I'll swear you in.

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while we're waiting for mr dressers anyone else to testify in this case

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there are no other hands at this time chair uh planning commission

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hi mr chair and members of the board this is mason offsen representing the planning commission

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please spell your full name sure m-a-s-o-n-a-u-s-t-i-n or for him to tell the truth the whole truth

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nothing but the truth i do thank you please um while this property is zoned for single family

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residential it is indicated for multi-family residential use in the city plan the application

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would be by right under the provisions of the zoning district that is recommended in the adopted

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district plan and therefore pcpc staff has no objection to the granting of the variance

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Thank you very much. Mr. Clinton, how many pages? One page per property?

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Yes, Mr. Chairman.

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Okay, thank you. MI 2021-000459. 1502 West Area Avenue. My vote is yes with the proviso.

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Revised plan, one page approved today.

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Carol Tenere, my vote is yes with Proviso

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Professor Plaza, yes with Proviso

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James Snell, yes with Proviso

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Thomas Holliman, yes with Proviso

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MI 2021-000458

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1504 West Area Avenue

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My vote is yes with Proviso

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revised plan one page approved today carol tenere my vote is yes with proviso

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confessor plaza yes with proviso james snell yes with proviso thomas holliman yes with proviso

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thank you we'll now go to case number seven mi 2021-001687

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4140 West

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Gerrard Avenue

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Michael Mattione is the attorney

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of record Centennial

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Parkside Community Development Corporation

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sent a letter of support

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as did the Viola Street

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Residents Association

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they've all sent letters of support

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with revised

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plans

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Chair Mr. Mattione is coming

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back and is a panelist now

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Thank you

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Good afternoon, Mr. Mattione. When you get on, please spell your full name, and I'll swear you in.

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Good afternoon, Mr. Chairman.

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Michael Mattione. That's M-A-T-T-I-O-N-I.

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federal reserve bank building 100 north independence mall suite 5a northwest philadelphia

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19106 you'd swear or firm to tell the truth the whole truth and nothing but the truth

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i do thank you uh ms tenere has some questions for you yes i'm mr mattione do you agree

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to waive the reading of the refusal and stipulate to its accuracy yes i do have you emailed the

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exhibit packet with proof of ownership tax compliance refusal referral photos under plans

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of the property five days in advance of this hearing and have you met with the RCO and do

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you have a letter? Yes. Thank you. Thanks. You may proceed. Sure. Thank you. Good afternoon. Again,

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I'm Michael Mattione and I am representing Eugene Nidovich. He is the owner and developer of

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this property at 41 41 40 west gerard avenue and again we have provided support letters from the

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two rcos revised plans revised plan form tax clearance floor plans renderings and the support

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petition also signed by 14 nearby neighbors the revised plans were as a result of several meetings

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with the rco rcos and they requested a couple changes one that we reduced the proposed

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RCOs and they requested a couple changes one that we reduced the proposed number of units from

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15 to 12 and that we add a front porch to the property.

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Just flipping first to the support letter from the RCO as you can see Centennial Park side supports

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the applicant's variance for the case with the change to 12 units and the only variance requested

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It is for the number of units where we're requesting 12, and 8 are permitted.

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If I flip down to a revised plans form, as you can see, it's a change in number of units down to 12,

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and an addition of a front porch.

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If we go to the renderings,

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there's our property it's got a red brick facade largely with some

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panels on the sides and there is the front porch as you can see several of the properties on

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my short avenue have front porches but not every one but the older properties generally have

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front porches so the rco asks that we add a uh a front porch we have a couple

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shots of the renderings just showing the context on that side of um jordan avenue

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this is a uh vacant lot as you can see right now it's a vacant lot

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and we're seeking to develop the vacant lot

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and the surrounding properties are virtually all multifamily.

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Here is, scroll down just a little more, this is Girard Avenue.

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That's our property.

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Across from it, there is a car facility, a funeral home and a church,

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but everything else is multifamily.

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We're talking five, six, seven units per property.

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This is a double-wide property. It's two lots.

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Every other property is a single-wide property, so that's why we're requesting 12 as part of the development.

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Our floor plans come in.

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This is the front of the property.

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Every floor, there's one, two, three, and four. Each has three units.

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On the first floor, though, you have a smaller unit in the back, a studio, and a one-bedroom,

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and then you have a mailroom and bicycle parking so that there's places for people to pick up their packages, et cetera,

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and there is the front porch, and like I said, we did revise it to come down.

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On the second, third, and fourth floors, you have two one-bedroom units and one two-bedroom unit in the rear.

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again we also have 14 support petitions and the letters of support from the RCO

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and this is a double wide property it's about 3,400 square feet we do meet all the dimensional

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requirements for the property the height open area rear yard the bulk is meets all the requirements

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these are relatively large units anywhere from 500 to nearly a thousand square feet

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there are other properties that have six units on the street but they're single properties this is

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a double wide property that's why we're requesting 12 units down from the original 15 after our

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multiple meetings with the rco and adding the front porch mr knightovich the the owner of the

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property, has a long track record of responsible development in the area. He owns eight other

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properties on West Sherwood Avenue. People there like him. He charges modest rents. He's a well-respected

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developer, and he's always worked with the community, and he's part of this community.

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Again, it's all multifamily properties. Variants won't alter the character of the neighborhood.

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It's multifamily use, and that's what everybody has. It won't endanger public health. It might

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It will benefit it by having this vacant property developed.

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It could stop illegal dumping.

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It won't impair light and air to properties.

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We meet all of the dimensional requirements.

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It won't have an adverse impact on anybody in the area.

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It will actually benefit them by taking away the possibility of illegal dumping and stuff like that.

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dumping and stuff like that.

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When Mr. Nidovich bought the property, he had to spend several thousand dollars.

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When Mr. Nidovich bought the property,

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he had to spend several thousand dollars just to clean up the lot

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because it was a mess.

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Again, that's what we're seeking, and we do have,

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and we worked with the community a great deal

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to come up with this proposal.

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